Accelerating Land Title Issuance for Undocumented Properties

Despite the challenges, establishing an accurate and clean land database is imperative, and issuing land titles for undocumented plots is a necessary step at this juncture.

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Red Book Issuance for Land Without Documentation if Criteria are Met

The 90-day campaign (from September 1 to November 30, 2025) to review and clean up the entire land database, jointly implemented by the Ministry of Public Security and the Ministry of Agriculture and Environment, is garnering attention from citizens and real estate market participants. In reality, the lack of accurate and complete information about land and housing is considered the primary cause of repeated overheating in the real estate market. However, once this information is made transparent, such occurrences are expected to decrease.

In many localities, alongside houses and land plots already issued with land use right certificates (commonly known as Red Books), there are still numerous properties, even entire streets, without Red Books. This poses challenges in management and impacts market prices. Following the implementation of the two-tier local government model and the database cleanup campaign, several localities are re-examining documents and expediting Red Book issuance for undocumented land that meets current regulations.

According to the Land Law, certain types of undocumented land will be issued Red Books if they meet specific criteria: stable land use before July 1, 2014, no disputes, and confirmation from the commune-level People’s Committee. In various localities, undocumented land primarily originates from: land acquired through handwritten transfers, gifts, or inheritances (without notarization), encroached or reclaimed land, or land allocated without proper authority.

The absence of a Red Book creates significant difficulties for residents.

Accelerating Red Book Issuance for Undocumented Land

The lack of a Red Book poses numerous challenges for residents. For instance, they cannot use the property as collateral for bank loans. When selling, these properties often fetch only two-thirds or even half of the market price. Therefore, obtaining a Red Book has become the most significant aspiration for many households. For local authorities, this is a crucial task to enrich and clean up the land database.

Forty sturdy houses in Tu Son Ward, Bac Ninh Province, built on land allocated without proper authority 30 years ago, remain without Red Books. Mr. Ngon’s family home, bearing the marks of time, has yet to receive one. Despite multiple attempts and prepared documents, the outcome remains uncertain. This time, ward officials have directly visited to verify information.

Mr. Nguyen Van Ngon from Tu Son Ward, Bac Ninh Province, shared: “The paperwork is still unclear. We just hope the authorities will issue the Red Book so we can have peace of mind.”

The biggest challenge for local authorities in issuing Red Books for undocumented land is determining its origin and usage period. The Land Law categorizes undocumented land eligible for Red Books based on three usage milestones: 1980, 1993, and 2014. Depending on the milestone, the land use fee varies significantly, ranging from hundreds of millions to billions of Vietnamese dong. For example, a row of houses may require residents to pay 200-300 million dong per plot for a Red Book.

Mr. Nguyen Huy Cuong from Tu Son Ward, Bac Ninh Province, stated: “If it’s around 300 million dong, we can manage. Our family wants to complete the Red Book process.”

The substantial difference in land use fees necessitates meticulous verification. After implementing the two-tier local government model, procedures for issuing Red Books to undocumented land have been streamlined, eliminating steps like establishing a review board and county-level approvals.

Despite challenges, establishing an accurate and clean land database by issuing Red Books for undocumented land is essential at this time.

Mr. Nguyen Van Lang, Deputy Head of the Economic Department, Thanh Tri District People’s Committee, Hanoi, commented: “It helps local state management agencies manage more easily, and residents can understand any issues with their land.”

Mr. Vo Hong Thang, Investment Director of DKRA Group, noted: “Market transparency reduces transaction risks, prevents tax losses, and enhances market clarity.”

In many localities, undocumented land accounts for 70-80% of first-time Red Book applications. This review campaign, combined with streamlined procedures under the two-tier local government model, is expected to resolve decades-long waits for households.

Determining the origin and start date of land use are the most challenging tasks for localities in issuing Red Books for undocumented land.

Overcoming Challenges in Issuing Red Books for Undocumented Land

Determining the origin and start date of land use are the most challenging tasks for localities in issuing Red Books for undocumented land, especially when the process spans multiple administrations. Many localities are employing various methods to find suitable solutions.

Electricity and water bills, annual tax receipts, and construction violation fines (if applicable) are documents residents on undocumented land can submit to authorities to establish land usage timelines. This ensures accurate calculation of land use fees. The draft amended Land Law, currently under review for the October National Assembly session, includes proposals to clarify the Red Book issuance process for undocumented land.

Mr. Le Van Tuan from the Economic Department, Thanh Tri District People’s Committee, Hanoi, suggested: “Revise clauses for clarity. Consolidate decrees and circulars for easier reference and application. Currently, numerous amendments require extensive research, so integration would be more convenient.”

Commune officials rely on multiple information sources to prevent exploitation for legalizing violations, which could lead to public land losses. Under current regulations, the board for reviewing undocumented land origins has been disbanded. To ensure accuracy, commune land officers continue gathering information from sources like neighborhood heads, front organizations, and elderly residents.

Mr. Nguyen Duc Manh, Deputy Chairman of Tu Son Ward People’s Committee, Bac Ninh Province, shared: “Under Decree 151, the review board is no longer required, and all responsibilities are assigned to the ward’s specialized agency. This is challenging, as many officers are unfamiliar with determining usage timelines. Since our ward recently merged, some officers lack knowledge of timelines and areas, making financial obligation determination difficult. We seek guidance.”

Experts believe that identifying each land plot will enable authorities to closely monitor housing market fluctuations, formulate timely policies, and ensure social welfare. Additionally, establishing a national database will improve transfer pricing and tax control for real estate, preventing underreporting to evade taxes and enhancing market price determination.

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